Ashima Dey @Asima Dey v. State Of West Bengal

36.

30.07.2021 Ct.32 Tanmoy Allowed C.R.M. 1977 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19/02/2021 in connection with Liluah Police Station Case No. 67/2020 dated 23/02/2020 under Sections 498A/34 of the Indian Penal Code. And In the matter of: - Ashima Dey @ Asima Dey ....petitioner.

Ms. Sreyashee Biswas, ...for the petitioner.

Mr. Binoy Panda, Mrs. Puspita Saha, Mr. Subham Bhakat ...for the State.

The charge against the petitioner is under Section 498A of the Code of Criminal Procedure. She is the sister-in-law of the victim lady.

Learned Advocate for the petitioner submits that there was a love affair between the victim and one Malay Sarkar, a coaccused. This caused marital discord between the victim and her husband and that ultimately led the victim to commit suicide. The petitioner has absolutely no role to play in the incident. We have considered the material in the Case Diary. Charge-sheet has also been filed. We are of the opinion that in the facts and circumstances of the case immediate custodial interrogation of the petitioner is not necessary. She may by granted anticipatory bail.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two

sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 1977 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)